- 1 - HC-KAR CNR: KAHC010127092023 NC: 2026:KHC:52240 WP No. 5426 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 5426 OF 2023 (GM-DRT) BETWEEN: 1. MRS.VEENA W/O S MUNIKRISHNA AGE 45 YEARS NO 291, OPP SHANTIVANA GOVT SCHOOL ROAD, KODIGEHALLI, VIRUPAKSHPURA BANGALORE - 560092. …PETITIONER (BY SRI. N. SURESHA, ADVOCATE) AND: 1. THE BHARAT CO OPERATIVE BANK LIMITED NO 30, 15TH CROSS, 3RD BLOCK , JAYANAGAR, BANGALORE - 560011 REPRESENTED BY AUTHORIZED OFFICER …RESPONDENT (BY SRI. K V LOKESH, ADVOCATE) THIS WP IS FILED UNDER ARTCLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT BANK TO REGULARIZE THE LOAN ACCOUNT AS PER ANNX-B DATED 04.03.2023; AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 2 - HC-KAR CNR: KAHC010127092023 NC: 2026:KHC:52240 WP No. 5426 of 2023 CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned writ petition is filed by the petitioner- borrower seeking a writ in the nature of mandamus directing the respondent-Bank to consider the representation at Annexure-B and regularize the loan account. 2. This Court, by order dated 03.07.2023, had granted some indulgence to the petitioner, subject to the petitioner depositing 30% of the outstanding loan amount in three instalments. 3. Learned counsel appearing for the respondent- Bank, on instructions, submits that though the petitioner has deposited the stipulated 30% of the outstanding amount, he has thereafter failed to make any further payment either towards regularization of the loan account or towards closure of the account by discharging the entire outstanding liability. Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 3 - HC-KAR CNR: KAHC010127092023 NC: 2026:KHC:52240 WP No. 5426 of 2023 4. This Court is of the view that the extraordinary jurisdiction under Article 226 of the Constitution cannot be invoked to restrain a secured creditor from recovering its legitimate dues in accordance with law. Merely by seeking a writ of mandamus for consideration of a representation, the petitioner cannot seek to prevent the respondent-Bank from taking recourse to the remedies available under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. 5. It is also relevant to note that the petitioner has enjoyed the benefit of the interim order for nearly three years and, despite the indulgence granted by this Court, has not taken any further steps either to regularize the loan account or to discharge the outstanding dues. In the circumstances, no further indulgence can be granted. 6. Consequently, the writ petition is liable to be dismissed. The respondent-Bank is at liberty to proceed Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 4 - HC-KAR CNR: KAHC010127092023 NC: 2026:KHC:52240 WP No. 5426 of 2023 against the petitioner and the secured assets in accordance with law. 7. Accordingly, the writ petition stands dismissed. The respondent-Bank is at liberty to proceed further in accordance with law. Pending interlocutory applications, if any, stand disposed of. (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 22 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified